[Federal Register: February 10, 2000 (Volume 65, Number 28)]
[Presidential Documents]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10fe00-165]
-----------------------------------------------------------------------
Part IV
The President
-----------------------------------------------------------------------
Executive Order 13145--To Prohibit Discrimination in Federal Employment
Based on Genetic Information
Presidential Documents
___________________________________________________________________
Title 3--
The President
Executive Order 13145 of February 8, 2000
To Prohibit Discrimination in Federal Employment
Based on Genetic Information
By the authority vested in me as President of the
United States by the Constitution and the laws of the
United States of America, it is ordered as follows:
Section 1. Nondiscrimination in Federal Employment on
the Basis of Protected Genetic Information.
1-101. It is the policy of the Government of the
United States to provide equal employment opportunity
in Federal employment for all qualified persons and to
prohibit discrimination against employees based on
protected genetic information, or information about a
request for or the receipt of genetic services. This
policy of equal opportunity applies to every aspect of
Federal employment.
1-102. The head of each Executive department and
agency shall extend the policy set forth in section 1-
101 to all its employees covered by section 717 of
Title VII of the Civil Rights Act of 1964, as amended
(42 U.S.C. 2000e-16).
1-103. Executive departments and agencies shall
carry out the provisions of this order to the extent
permitted by law and consistent with their statutory
and regulatory authorities, and their enforcement
mechanisms. The Equal Employment Opportunity Commission
shall be responsible for coordinating the policy of the
Government of the United States to prohibit
discrimination against employees in Federal employment
based on protected genetic information, or information
about a request for or the receipt of genetic services.
Sec. 2. Requirements Applicable to Employing
Departments and Agencies.
1-201. Definitions.
(a) The term ``employee'' shall include an employee, applicant for employment,
or former employee covered by section 717 of the Civil Rights Act of 1964,
as amended (42 U.S.C. 2000e-16).
(b) Genetic monitoring means the periodic examination of employees to evaluate
acquired modifications to their genetic material, such as chromosomal
damage or evidence of increased occurrence of mutations, that may have
developed in the course of employment due to exposure to toxic substances
in the workplace, in order to identify, evaluate, respond to the effects
of, or control adverse environmental exposures in the workplace.
(c) Genetic services means health services, including genetic tests, provided
to obtain, assess, or interpret genetic information for diagnostic or
therapeutic purposes, or for genetic education or counseling.
(d) Genetic test means the analysis of human DNA, RNA, chromosomes, proteins,
or certain metabolites in order to detect disease-related genotypes or
mutations. Tests for metabolites fall within the definition of ``genetic
tests'' when an excess or deficiency of the metabolites indicates the
presence of a mutation or mutations. The conducting of metabolic tests by a
department or agency that are not intended to reveal the presence of a
mutation shall not be considered a violation of this order, regardless of
the results of the tests. Test results revealing a mutation shall, however,
be subject to the provisions of this order.
(e) Protected genetic information.
(1) In general, protected genetic information means:
(A) information about an individual's genetic tests;
(B) information about the genetic tests of an individual's family members; or
(C) information about the occurrence of a disease, or medical condition or
disorder in family members of the individual.
(2) Information about an individual's current health status (including
information about sex, age, physical exams, and chemical, blood, or urine
analyses) is not protected genetic information unless it is described in
subparagraph (1).
1-202. In discharging their responsibilities under
this order, departments and agencies shall implement
the following nondiscrimination requirements.
(a) The employing department or agency shall not discharge, fail or refuse to
hire, or otherwise discriminate against any employee with respect to the
compensation, terms, conditions, or privileges of employment of that
employee, because of protected genetic information with respect to the
employee, or because of information about a request for or the receipt of
genetic services by such employee.
(b) The employing department or agency shall not limit, segregate, or classify
employees in any way that would deprive or tend to deprive any employee of
employment opportunities or otherwise adversely affect that employee's
status, because of protected genetic information with respect to the
employee or because of information about a request for or the receipt of
genetic services by such employee.
(c) The employing department or agency shall not request, require, collect, or
purchase protected genetic information with respect to an employee, or
information about a request for or the receipt of genetic services by such
employee.
(d) The employing department or agency shall not disclose protected genetic
information with respect to an employee, or information about a request for
or the receipt of genetic services by an employee except:
(1) to the employee who is the subject of the information, at his or her
request;
(2) to an occupational or other health researcher, if the research conducted
complies with the regulations and protections provided for under part 46 of
title 45, of the Code of Federal Regulations;
(3) if required by a Federal statute, congressional subpoena, or an order
issued by a court of competent jurisdiction, except that if the subpoena or
court order was secured without the knowledge of the individual to whom the
information refers, the employer shall provide the individual with adequate
notice to challenge the subpoena or court order, unless the subpoena or
court order also imposes confidentiality requirements; or
(4) to executive branch officials investigating compliance with this order, if
the information is relevant to the investigation.
(e) The employing department or agency shall not maintain protected genetic
information or information about a request for or the receipt of genetic
services in general personnel files; such information shall be treated as
confidential medical records and kept separate from personnel files.
Sec. 3. Exceptions.
1-301. The following exceptions shall apply to the
nondiscrimination requirements set forth in section 1-
202.
(a) The employing department or agency may request or require information
defined in section 1-201(e)(1)(C) with respect to an applicant who has been
given a conditional offer of employment or to an employee if:
(1) the request or requirement is consistent with the Rehabilitation Act and
other applicable law;
(2) the information obtained is to be used exclusively to assess whether
further medical evaluation is needed to diagnose a current disease, or
medical condition or disorder, or under the terms of section 1-301(b) of
this order;
(3) such current disease, or medical condition or disorder could prevent the
applicant or employee from performing the essential functions of the
position held or desired; and
(4) the information defined in section 1-201(e)(1)(C) of this order will not be
disclosed to persons other than medical personnel involved in or
responsible for assessing whether further medical evaluation is needed to
diagnose a current disease, or medical condition or disorder, or under the
terms of section 1-301(b) of this order.
(b) The employing department or agency may request, collect, or purchase
protected genetic information with respect to an employee, or any
information about a request for or receipt of genetic services by such
employee if:
(1) the employee uses genetic or health care services provided by the employer
(other than use pursuant to section 1-301(a) of this order);
(2) the employee who uses the genetic or health care services has provided
prior knowing, voluntary, and written authorization to the employer to
collect protected genetic information;
(3) the person who performs the genetic or health care services does not
disclose protected genetic information to anyone except to the employee who
uses the services for treatment of the individual; pursuant to section 1-
202(d) of this order; for program evaluation or assessment; for compiling
and analyzing information in anticipation of or for use in a civil or
criminal legal proceeding; or, for payment or accounting purposes, to
verify that the service was performed (but in such cases the genetic
information itself cannot be disclosed);
(4) such information is not used in violation of sections 1-202(a) or 1-202(b)
of this order.
(c) The employing department or agency may collect protected genetic
information with respect to an employee if the requirements of part 46 of
title 45 of the Code of Federal Regulations are met.
(d) Genetic monitoring of biological effects of toxic substances in the
workplace shall be permitted if all of the following conditions are met:
(1) the employee has provided prior, knowing, voluntary, and written
authorization;
(2) the employee is notified when the results of the monitoring are available
and, at that time, the employer makes any protected genetic information
that may have been acquired during the monitoring available to the employee
and informs the employee how to obtain such information;
(3) the monitoring conforms to any genetic monitoring regulations that may be
promulgated by the Secretary of Labor; and
(4) the employer, excluding any licensed health care professionals that are
involved in the genetic monitoring program, receives results of the
monitoring only in aggregate terms that do not disclose the identity of
specific employees.
(e) This order does not limit the statutory authority of a Federal department
or agency to:
(1) promulgate or enforce workplace safety and health laws and regulations;
(2) conduct or sponsor occupational or other health research that is conducted
in compliance with regulations at part 46 of title 45, of the Code of
Federal Regulations; or
(3) collect protected genetic information as a part of a lawful program, the
primary purpose of which is to carry out identification purposes.
Sec. 4. Miscellaneous.
1-401. The head of each department and agency shall
take appropriate action to disseminate this policy and,
to this end, shall designate a high level official
responsible for carrying out its responsibilities under
this order.
1-402. Nothing in this order shall be construed to:
(a) limit the rights or protections of an individual under the Rehabilitation
Act of 1973 (29 U.S.C. 701, et seq.), the Privacy Act of 1974 (5 U.S.C.
552a), or other applicable law; or
(b) require specific benefits for an employee or dependent under the Federal
Employees Health Benefits Program or similar program.
1-403. This order clarifies and makes uniform
Administration policy and does not create any right or
benefit, substantive or procedural, enforceable at law
by a party against the United States, its officers or
employees, or any other person.
(Presidential Sig.)
THE WHITE HOUSE,
February 8, 2000.
[FR Doc. 00-3331
Filed 2-9-00; 8:45 am]
Billing code 3195-01-P